Pay Equity Claims 101: Pay transparency, Fed vs State, and litigation

Meredith Gregston
Meredith Gregston
Hunton Andrews Kurth LLP

Meredith provides advice and counseling on day-to-day employee-related and compliance matters, ranging from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) matters to termination best practices, restrictive covenants, and employment agreements, as well as advancements and changes in the pay equity space.

Jacklin Rad
Jacklin Rad
Fisher & Phillips LLP

Jacklin Rad is a partner in the firm’s Los Angeles office and advises employers across the state of California on the rapidly changing workplace laws, including pay transparency and regular rate calculations. Jacklin also provides guidance on workplace investigations.

On-Demand: August 21, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Session I - Understanding Pay Equity: What employers and in-house counsel need to know - Meredith Gregston

This presentation will cover the foundations of pay equity laws/regulations for employees and federal contractors, to lay groundwork for the audience to understand what we are working with. I will then move onto the key factors that are evaluated when conducting a pay equity audit such as protected class, comparators, compensation, and justification. Then moving onto pay transparency and data reporting, where I will go over what different states require for each. And I will end the presentation with a few key takeaways to keep in mind when it comes to understanding pay equity pay transparency.

Key topics to be discussed:

  • Foundation of Pay Equity Laws for Employees and Federal Contractors
  • Fed vs. State Parameters for Conducting a Pay Equity Audit
  • Pay Transparency and Data Reporting

Session II - Pay Equity Litigation - Jacklin Rad

With the expansion of pay equity and transparency laws across the country, employers may be vulnerable to litigation or government investigations if they are unable to defend or fail to address inequities in their existing pay practices. High stakes equal pay litigation has exploded across industries and multi-million-dollar class action settlements are reported with greater frequency compared to just a few years ago.

This session will provide suggested best practices for companies and their counsel to consider so they may reduce risk and adjust to the changing legal and regulatory landscape. We will explore the reasons behind the rise in pay equity lawsuits, lawful justifications for pay disparities once a claim or lawsuit has been filed, hot issues in pay equity litigation, and strategies for avoidance.

Key topics to be discussed:

  • Impact of State Law
  • The Evolving Legal Landscape
  • Complex and Costly Pay Equity Litigation
  • Litigation Avoidance

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Meredith Gregston_FedBarMeredith Gregston | Hunton Andrews Kurth LLP

Meredith provides advice and counseling on day-to-day employee-related and compliance matters, ranging from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) matters to termination best practices, restrictive covenants, and employment agreements, as well as advancements and changes in the pay equity space. She regularly assists clients through pay equity disputes and internal audits, and on global compliance with pay equity legislation.

She also advises clients, including federal contractors, on affirmative action, legislative and regulatory changes affecting employment matters for federal contractors, and Office of Federal Contract Compliance Programs (OFCCP) compliance issues, developing affirmative action plans and representing companies during the audit process.

 

Jacklin Rad_FedBarJacklin Rad | Fisher & Phillips LLP

Jacklin Rad is a partner in the firm’s Los Angeles office and advises employers across the state of California on the rapidly changing workplace laws, including pay transparency and regular rate calculations. Jacklin also provides guidance on workplace investigations. Prior to joining Fisher Phillips, Jacklin was an attorney at a national labor and employment law firm where she provided advice and counseling to California and national clients on wage and hour, disability leave management, hiring and firing decisions, misclassification and pay equity matters.

Jacklin also formerly served in the California Labor Commissioner’s Office as Senior Deputy Labor Commissioner where she oversaw deputies’ casework across six district offices and helped the Labor Commissioner develop agency positions on policy and enforcement.

Agenda

Session I – Understanding Pay Equity: What employers and in-house counsel need to know | 12:00pm – 1:00pm

  • Foundation of Pay Equity Laws for Employees and Federal Contractors
  • Fed vs. State Parameters for Conducting a Pay Equity Audit
  • Pay Transparency and Data Reporting

Break | 1:00pm – 1:10pm

Session II – Pay Equity Litigation | 1:10pm – 2:10pm

  • Impact of State Law
  • The Evolving Legal Landscape
  • Complex and Costly Pay Equity Litigation
  • Litigation Avoidance

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Pending CLE Approval
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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